Wednesday, March 16, 2016

Destroying the history of those victimised by the State

Fiona de Londras has a letter in the Irish Times today, co-signed by a range of prominent lawyers, highlighting an injustice about to be done by the Irish state. The letter is worth quoting in full:

As human rights lawyers we note with great concern
the proposal that records of applicants to the symphysiotomy payment
scheme would be shredded after March 20th.

This would reinforce the harm done to women by the
physical and symbolic destruction of official medical records attesting
to the abuse and harm they experienced. Furthermore it would lead to the destruction of vital
records and evidence that might be of assistance in future legal,
historiographical and political processes of recording the symphysiotomy
in Ireland and ensuring accountability for these instances of inhumane
and harmful treatment.

The UN Human Rights Committee has called for a
“prompt, independent and thorough investigation into cases of
symphysiotomy” leading to prosecutions where appropriate.

It is likely that Ireland is under a positive obligation to hold such an inquiry under the European Convention on Human Rights

That these records would be returned to the applicants to the scheme is, thus, of paramount importance.

We note that applicants to this scheme were obliged
to provide “relevant supporting records”. They were not informed that
these records would be destroyed, that they should send or retain
certified copies, or that by applying to the scheme through submission
of these records they were at risk of losing this documentary evidence
of their medical mistreatment

The limitations of data storage at hospitals are such
that such records, if destroyed, might not be capable of retrieval
elsewhere, and in some cases processes for accessing records can be so
difficult to navigate as to be almost inaccessible.

Thus, we call on Ms Justice Harding Clarke to
reconsider this, and to ensure that all records are returned to the
applicants to the scheme, by registered post, at the earliest possible
date. Under no circumstances should they be destroyed.

We also endorse the call from Marie O’Connor of
Survivors of Symphysiotomy that applicants to the scheme be asked for
their consent to these records being archived.

The issue is urgent. The documents will be destroyed unless "an option letter" is received by 20th March. However, there is an interim solution for those affected: a subject access request under the Data Protection Acts will, in effect, stop the clock. Daragh O'Brien has details of the steps to take.